

[Federal Register: June 7, 2007 (Volume 72, Number 109)]
[Rules and Regulations]
[Page 31457-31460]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn07-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0386; FRL-8321-7]


Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revision to the Texas State Implementation Plan Regarding a
Negative Declaration for the Synthetic Organic Chemical Manufacturing
Industry Batch Processing Source Category in El Paso County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Section 172(c)(1) of the Clean Air Act (CAA) requires areas
that are not

[[Page 31458]]

attaining a National Ambient Air Quality Standard (NAAQS) to reduce
emissions from existing sources by adopting, at a minimum, reasonably
available control technology (RACT). EPA has established source
categories for which RACT must be implemented. If no major sources of
volatile organic compound (VOC) emissions in a particular source
category exist in a nonattainment area, a State may submit a negative
declaration for that category. Texas submitted a State Implementation
Plan (SIP) revision which included negative declarations for certain
source categories in the El Paso 1-hour ozone standard nonattainment
area. EPA previously approved the State's declaration that no major
sources existed for 9 source categories in the El Paso area. In the
approval EPA neglected to approve the negative declaration for the
synthetic organic chemical manufacturing industry (SOCMI) batch
processing category in the El Paso area. EPA is approving this negative
declaration for the El Paso 1-hour ozone standard nonattainment area.

DATES: This rule is effective on August 6, 2007 without further notice,
unless EPA receives relevant adverse comment by July 9, 2007. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-0386, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm.
 Please click on ``6PD'' (Multimedia) and select

``Air'' before submitting comments.
     E-mail: Mr. Carl Young at young.carl@epa.gov. Please also
send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Carl Young, Acting Chief, Air Planning Section
(6PD-L), at fax number 214-665-7263.
     Mail: Mr. Carl Young, Acting Chief, Air Planning Section
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Carl Young, Acting Chief,
Air Planning Section (6PD-L), Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-0386. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning Section

(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at 214-665-7253 to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-8542; fax number
214-665-7263; e-mail address riley.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA.

Outline

I. What is the Background for this Action?
II. What Action is EPA Taking?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What is the Background for this Action?

    Section 172(c)(1) of the CAA requires SIPs for areas that are not
attaining a NAAQS to provide, at a minimum, for such reductions in air
emissions from existing sources in the areas as may be obtained through
the adoption of reasonably available control measures including RACT.
In our September 17, 1979 Federal Register notice (44 FR 53761) we
define RACT as: ``The lowest emission limitation that a particular
source is capable of meeting by the application of control technology
that is reasonably available considering technological and economical
feasibility.''
    Under CAA section 182(b)(2) State SIPs must require RACT for major
stationary sources of VOC emissions in ozone NAAQS nonattainment areas
classified as moderate or higher. VOC emissions can react with sunlight
and nitrogen oxides to form ground-level ozone. If no major sources of
VOC emissions exist in a particular source category in an ozone
nonattainment area, the State may submit a negative declaration for
that category.
    The El Paso area, consisting of El Paso County, Texas, was
classified as a moderate nonattainment area for the 1-hour ozone NAAQS
on November 6, 1991 (56 FR 56694). On January 10, 1996 Texas submitted
a SIP revision

[[Page 31459]]

that included negative declarations for certain source categories in
the El Paso 1-hour ozone standard nonattainment area. The area consists
of El Paso County. We approved the State's declaration that no major
sources existed for 9 source categories in the El Paso area on October
30, 1996 (61 FR 55894). In our approval we neglected to approve the
negative declaration for the synthetic organic chemical manufacturing
industry (SOCMI) batch processing category in the El Paso area. We
reviewed data from the Texas Point Source Emissions Inventory to
confirm that there were no major sources of VOC emissions from SOCMI
batch processing facilities in El Paso County. Our approval of the
State's negative declaration will correct our earlier failure to take
action on the negative declaration submitted by Texas.

II. What Action is EPA Taking?

    We are taking direct final action to approve a negative declaration
submitted by Texas concerning the SOCMI batch processing category in
the El Paso 1-hour ozone standard nonattainment area. Texas submitted
the negative declaration on January 10, 1996. It states that in the El
Paso area there are no major stationary sources of VOC emissions for
the SOCMI batch processing category. We have evaluated the State's
submittal and have determined that it meets the applicable requirements
of the CAA and EPA air quality regulations. We are approving the
negative declaration pursuant to section 110 and part D of the CAA.
    We are also making ministerial corrections to the table in 40 CFR
52.2270(e) to reflect our earlier approval of negative declarations
submitted by Texas.
    We are publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on August 6, 2007
without further notice unless we receive relevant adverse comment by
July 9, 2007. If we receive relevant adverse comments, we will publish
a timely withdrawal in the Federal Register informing the public that
the rule will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

III. Final Action

    We are approving a SIP revision submitted by Texas which states
that there are no major stationary sources of VOC emissions for the
SOCMI batch processing category in the El Paso 1-hour ozone standard
nonattainment area. Texas submitted this negative declaration on
January 10, 1996. We are also making ministerial corrections to the
table in 40 CFR 52.2270(e) to reflect our earlier approval of negative
declarations submitted by Texas.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason and because this action will not have a significant, adverse
effect on the supply, distribution, or use of energy, this action is
also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). This action merely approves state
law as meeting Federal requirements and imposes no additional
requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Because this rule
merely approves a state rule implementing a Federal standard, EPA lacks
the discretionary authority to modify today's regulatory decision on
the basis of environmental justice considerations.
    In reviewing SIP submissions under the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
In this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register.

[[Page 31460]]

This action is not a ``major rule'' as defined by 5 U.S.C. section
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 6, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: May 21, 2007.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. The second table in paragraph (e) entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding entries for ``VOC RACT Negative
Declarations'' and ``VOC RACT Negative Declaration for SOCMI Batch
Processing Source Category'' immediately after the entry ``Revision to
Permitting Regulations and Board Orders No. 85-07, 87-09, 87-17, 88-08,
89-06, 90-05, 91-10, 92-06, 92-18, and 93-17'' to read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                  Applicable
                                geographic or        State        EPA approval
    Name of SIP provision       nonattainment     submittal/          date                   Comments
                                     area       effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
VOC RACT Negative              Beaumont/Port           1/10/96  10/30/96, 61 FR   Ref 52.2299(c)(103).
 Declarations.                  Arthur, Dallas/                  55894.
                                Fort Worth, El
                                Paso, Houston/
                                Galveston.
VOC RACT Negative Declaration  El Paso........         1/10/96  6/7/07 [Insert
 for SOCMI Batch Processing                                      FR page number
 Source Category.                                                where document
                                                                 begins].

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[FR Doc. E7-10764 Filed 6-6-07; 8:45 am]

BILLING CODE 6560-50-P
